Website Terms & Conditions

 

Updated: December 2023

 

Access to and use of the website at www.metaphacts.com and associated domains (the "Site"), and the products, content, data and services made available on or via the Site together with associated documentation and other sites and resources that refer to these terms provided by metaphacts (together with the Site, the "Service"), is subject to the following terms and conditions. By accessing the Site and/or using any other part of the Service, you agree to be bound by these terms and conditions (these "Terms").

 

About Us

 

The Site is operated by metapachts GmbH ("metaphacts"). metaphacts is part of Digital Science. metaphacts is registered in Mannheim, Germany under registration number HRB 720635, with registered address at Daimlerstraße 36, 69190 Walldorf, Germany. You may contact metaphacts at the following e-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it..

 

About You

 

If you agree to these Terms as an individual, you must be at least 16 years old and otherwise of legal age to form a binding contract. If you are acting on behalf of an institution, business, organisation, agency or other entity (an "Organisation"), you will be responsible for ensuring that: (i) you have authority to bind that Organisation to these Terms, and your agreement to these Terms will be treated as the agreement of the Organisation, and (ii) any individual or entity to whom you provide access to the Service is made aware of and complies with these Terms. In that case, "you" and "your" in these Terms shall refer to the Organisation you represent.

 

Proprietary Rights

 

For purposes of these Terms, the term "Content" includes any data, text, figures, images, illustrations, video, resource or other content or information, software, code, scripts, graphics, and interactive features displayed, provided or otherwise made available on or through the Service. References to the "Service" in these Terms shall include references to the Content where the context permits.

 

You acknowledge that the Service is owned by or licensed to metaphacts and/or its affiliates, and is protected by copyrights, trademarks, service marks, patents, trade secrets and/or other industrial and proprietary rights and laws, including international conventions and treaties ("Proprietary Rights"). In particular, you acknowledge that the Site and other parts of the Service are protected by copyright as collective works and/or compilations pursuant to copyright laws. Nothing in this Agreement shall operate to transfer any Proprietary Rights in any part of the Service or give rise to any implied rights.

 

You agree not to remove, suppress or modify in any way the proprietary markings, including any trademark or copyright notice, used in relation to any Content or other part of the Service (including on any output generated through its use).

 

By submitting feedback and suggestions, which you do at your discretion, you irrevocably grant all rights necessary for its use for product improvement purposes and otherwise as we may choose.

 

Acceptable Use

 

The Service is provided only for your own non-commercial, internal and personal use, as expressly set out in these Terms, at all times subject to these Terms. metaphacts reserves all rights in respect of the Service not expressly granted, and you shall not otherwise use any part of the Service without the prior and express written agreement of metaphacts.

 

By way of example, and not as a limitation, you shall not, do or assist, encourage or permit any individual or entity to do any of the following in respect of any part of the Service (directly or indirectly):

  • sell, rent, lease, licence, loan or, commercialise, nor give access to or use for the benefit of any other person, nor in connection with any direct or indirect revenue-generating activities (including generating internet traffic for websites containing advertising) or in any way that results in outputs, models or other developments that are accessed or otherwise used for any such purpose or in any such way for such activities. For the avoidance of doubt, uses in connection with work that is carried out on the request, or at the direction or expense, of a person will be considered as being for the benefit of that person;
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing", run any form of auto-responder or "spam" or use in connection with any unsolicited communication, advertising or similar;
  • use in connection with any search functionality, or to otherwise power any products / apps / tools / systems, including through training of models, accessed by or on behalf of any other person;
  • attempt to bypass any measure intended to prevent or restrict non-authorized use, make use of any means of access not made available for that purpose (including via accounts, computer systems or networks connected to the Service) or probe, scan, or test for vulnerabilities;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms except to the extent reserved by applicable laws and having given metaphacts prior notice;
  • use any manual or automated means, including robots, scripts, or spiders to access, monitor, crawl, scrape, spider or mine, except those expressly authorised by us in advance in writing.

 

Additionally, you shall not take any action that imposes or may impose (as determined by metaphacts in its sole discretion) an unreasonable or disproportionately large load on metaphacts's (or its third party providers') infrastructure nor interfere or attempt to interfere with the normal and proper working of the Service or any activities conducted on the Service. Without limiting that discretion, metaphacts may determine unreasonable usage by comparing your activity for any given period against the average for all equivalent users of the relevant part of the Service.

 

Separate Contract and Additional Terms

 

If you are accessing and/or otherwise using the Service pursuant to a separate agreement between the Organisation that you belong to or are acting for ("Contract"), your use will also be subject to the Contract, provided to the extent there is any conflict, the terms of the Contract shall prevail. For the avoidance of doubt, nothing in these Terms shall impose additional obligations on that Organisation.

 

Usage restrictions and other additional terms and conditions ("Additional Terms") may apply to certain parts of the Service and shall form part of these Terms. You shall comply with all Additional Terms referenced on any part of the Service you use, posted to the Site, affixed to the Content or otherwise that you are given notice of, and to the extent there is any conflict between the Additional Terms and other parts of these Terms, the Additional Terms shall prevail in respect of the relevant part of the Service.

 

Registration

 

You may browse the Site without registering, but as a condition to using certain aspects of the Service, you may be required to register with metaphacts and select a password and user name ("User ID"). You shall not: (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorisation; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. metaphacts reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of any password. You shall not: (i) impersonate or try to impersonate another person; (i) disclose your password to anyone else; (iii) allow anyone else to use your account; or (iv) use anyone else's account. You will immediately notify metaphacts in writing of any unauthorised use of your account, or other account related security breach of which you are or become aware.

 

You represent that all information you provide is accurate and truthful and that you will maintain the accuracy and truthfulness of such information by any feature we make available for that purpose or otherwise by notifying metaphacts.

 

Privacy Policy

 

For information on how metaphacts collects, processes and uses your personal information, please refer to the privacy policy at here.

 

Changes to the Service

 

metaphacts reserves the right, at its sole discretion, to change, suspend, or discontinue any part of the Service, including the Content, at any time without notice to you.

 

Modifications to these Terms

 

metaphacts reserves the right, at its sole discretion, to modify or replace any of these Terms at any time. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Service following the posting of any changes to the Site or otherwise notified to you constitutes acceptance of those changes.

 

Third Party Sites

 

If any part of the Service is made available on or through other websites or other resources on the Internet and or includes links to such resources, or other websites or resources contain links to any part of the Service, this is done for convenience only and any access to, use of and/or reliance upon such resources is done entirely at your own risk and metaphacts disclaims all liability arising therefrom.

 

User Submissions

 

The Service may provide you with the ability to add, create, upload, submit, distribute or post ("Submit," "Submitting" or "Submission") content, articles, data, text, photographs, images, illustrations, or other information on or to the Site or Service (collectively, the "User Submissions"). By way of example, and not as a limitation, User Submissions may be Submitted when you request the Service to: (i) identify, resolve, copy, or import content stored on your or a third party's computer system, (ii) synchronise content such that the Service stores or "mirrors" content stored on your or a third party's computer system by storing such content on equipment owned or operated by metaphacts, (iii) save or store your comments, edits or annotations to Content accessible through the Service, or (iv) share with another person any content stored on your or a third party's computer system, whether by email attachment or other means.

 

You shall ensure that metaphacts is authorised and otherwise free to lawfully host, use and make available any User Submission as envisaged by these Terms or the relevant Service, and that no part thereof: (i) violates, infringes or makes unauthorised use of any Proprietary Rights (ii) is defamatory, derogatory, discriminatory or violates any rights of privacy (iii) breaches, or causes us to breach, any applicable law or regulation (iv) contains a virus, malware or other potentially harmful component, information or instructions (v) is indecent, obscene, offensive or pornographic or (vi) could result in any claim or action against metaphacts or affiliates, or damage their goodwill or reputation in any way.

 

metaphacts shall have no obligation to review or monitor any Submission. You understand that Submissions publicly posted or privately transmitted through via the Service are the sole responsibility of the person from whom such content was Submitted.

 

Termination

 

metaphacts may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account, including User Submissions. Upon termination, all rights granted under this Agreement shall terminate and you shall immediately stop using the Service. If you wish to terminate your account, you may do so by following instructions available on the relevant part of the Service. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnities and limitations of liability.

 

Warranty Disclaimer

 

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY, CONDITION OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, INTEGRATORS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE UNINTERRUPTED AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE FOREGOING PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

METAPHACTS MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY RESOURCE LINKED TO THE SITE. metaphacts will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on metaphacts's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

 

Indemnification

 

You shall defend, indemnify, and hold harmless metaphacts and its affiliates, and their respective officers, directors, employees or agents, on demand from all losses, liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement or violation by you or caused by you, or any third party using your account, of any Proprietary Rights or other right of any individual or entity. metaphacts reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with metaphacts in asserting any available defences.

 

US Government users

 

The Service is deemed to be "commercial computer software" / "commercial computer software documentation" and other commercial items including "technical data of a "commercial item". If any U.S. Government user requires rights beyond those expressly granted in these Terms, or has other requirements not met by these Terms / the Service, it should immediately discontinue use of the Service.

 

Limitation of Liability

 

IN NO EVENT SHALL METAPHACTS, ITS AFFILIATES, SUPPLIERS, PARTNERS, LICENSORS, INTEGRATORS OR CONTENT PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICE OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF THE GREATER OF ONE HUNDRED EUROS (EUR100) (IN THE AGGREGATE) OR THE FEES PAID BY YOU FOR THE SERVICE DURING THE 12-MONTH PERIOD PRECEDING THE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OR SAVINGS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES NOR FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (V) FOR ANY MATTER ARISING FROM YOUR BREACH OR NEGLIGENCE, OR BEYOND METAPHACT'S REASONABLE CONTROL. THE FOREGOING PROVISIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

Fees and Payment

 

Although certain of our Services may be made available for free to certain users, this is done at metaphacts's absolute discretion. metaphacts reserves the right to introduce new fees and change its price list at any time, upon notice to you, including by posting details of such change on the Site. Your use of the Services following such notification constitutes your acceptance of any new or increased fees, which you will pay on demand in addition to any applicable sales or other taxes. Any fees paid hereunder are non-refundable.

 

Dispute Resolution

 

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

These Terms shall be governed by and construed in accordance with the laws of England. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in London, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgement upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Service is not authorised in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.

 

Integration and Severability

 

These Terms are the entire agreement between you and metaphacts with respect to the Site, Content and other parts of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and metaphacts with respect to the same. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

Miscellaneous

 

metaphacts shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond metaphacts's reasonable control, including mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with metaphacts's prior written consent. metaphacts may assign, transfer or delegate any of its rights and obligations hereunder without consent. Any reference to "includes" and "including" shall mean including without limitation and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the business day after it is sent, if sent for next day delivery by recognized overnight delivery service.